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Judgment
Coutts, J.—The appellants in this case have been convicted u/s 396 of the Indian Penal Code and have been sentenced to ten years'' rigorous imprisonment each The convictions are based on the retracted confession of one of the appellants, Madhn Majhi. The only question put by the Magistrate before recording the confession was "(After due warning) do you want to say anything P" What the due warning was we are not informed and it is clear that this confession has not been recorded in accordance with law. It is impossible to accept it, and with it the whole basis for the convictions disappear, I would accordingly allow this appeal and, setting aside the conviction and sentences, acquit the accused.
Sultan Ahmed, J.
I agree.